Henrico County Virginia USGenWeb Archives Court.....Shute, Phillip, VS - Martin, Thomas & Ann August 17, 1821 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Richard Cottrell rjc@web-access.net March 21, 2008, 9:50 pm Source: Chancery Court Case - 1822-013- Henrico Co., Va Written: August 17, 1821 Chancery Court Case Locality: Henrico Co., VA - Index Number: 1822-013 P1/P2: Ann and Thomas Martin vs D1: Phillip Shute Surnames: Clements, Cottrell, Laundrum, Martin, Nunn, Shute Publisher: Library of Virginia, Richmond, Virginia To any two Justices of the County Court of Henrico Humbly complaining shew unto your worships, your Orator and Oratrixes, Thomas Martin and Ann his Wife, late Ann Clements, Peter Laundrum and Mary his Wife, late Mary Clements, Young J. Clements, Elkanah Clements, and Catharine Clements, which said Mary Laundrum, Young J. Clements, Elkanah Clements, and Catharine Clements, together with Elizabeth Cottrell, the Wife of Thomas Cottrel (the two last named of whom, are herein after made Defts to this Bill of Complaint) are the Sons and Daughters, and Distributees of William M. Clements, who died Intestate. That upon the death of the said William M. Clements, he left a widow named Mary Clements and also Sundry Slaves, and other Estate and which was Distributed agreeably to the Act of Assembly respecting Intestates Estates: and to the said Mary Clements the relict of the said Deceased was alloted amongst other things, one Negro Girl about Twelve or fifteen years old, of the Value of Three Hundred & Fifty Dollars, named Siller, in part of her Dower right, in the Estate of the deceased; and that the revertionary right in and to the said Slave upon the death of the said Relict will pass and descend to your Orators and Oratrixes, together with the aforesaid Thomas Cottrell and Elizabeth his Wife, and who are prayed to be made Defts to this Bill of Complaint; that after the allotment aforesaid, the said Relict Sold and transfered her right of Dower in the said Slave Siller to one James Nunn, and who is likewise prayed to be made a Deft to this Bill of Complaint. That after this purchase, the said James Nunn loaned the said Negro Girl Siller, to the other Defts Thomas Cottrell and Elizabeth his Wife as a Nurse, and for the especial accommodation of the said Elizabeth, and her children, but subject at anytime, to be recalled, at the Will and pleasure of him the said James Nunn. Your Orator and Oratrix further complaining shew, unto you Worships, that the said Thomas Cottrell and Elizabeth his Wife being so possessed of the Slave aforesaid, by Courtecy of the other Deft. James Nunn, have either sold and delivered, or with other fraudulent views and intention, placed the said Slave Siller, into the hands and possession of one Phillip Shute, an inhabitant of West Tennessee, (where she now is, in the County of Henrico) and within the Jurisdiction of the County Court of Henrico. Your Orators and Oratrixes are informed, and nively believe, that the said Phillip Shute intends quickly to remove himself out of the State, and also to remove the said Slave Siller beyond the limits and Jurisdiction of the courts of the commonwealth of Virga. whereby the rights of your Orators and Oratrixes, in revestion, to the said Slave may be defeated, and great and manifest injustice insue. all of which actings and doings of the said Thomas Cottrell, and Phillip Shute are contrary to Equity and good conscience and for as much as your Orators and Oratrixes are without remedy at common Law, and are alone relieveable to the intervention of a court Equity, whose whose peculiar province it is, in case of this sort to award a writ of Ne exeat republica, restraining the Deft. Phillip Shute from departing this commonwealth & the Jurisdiction of this court, until further order shall be had herein. To the end therefore, that the said Thomas Cottrell and Elizabeth his Wife, Phillip Shute, and James Nunn may be made Defendts. hereto, and that they and each of them, may severally, true, perfect and Distinct Answer make, to each and every of the allegations herein contained, as fully, plainly, and distinctly, as if the same were herein again repeated, and set forth by Interrogation : but more especially Shall the said Phillip Shute may set forth and discover, from whom and by what means he became possessed of the said Slave Siller, and also to what place he intends to remove the said Slave? May it please your Worships, to grant unto your Orators And Oratrixes the commonwealths most gracious Writ of Ne exeat republica against the body of the said Shute and that they may have all such other, or further relief in the premises as the nature of this Case may require, and which may be agreeable to the principles, and Rules of a court of Equity, and they as in duty bound will ever pray Vc. Saml M. Craw for Complts. Henrico County to wit: This day Peter Laundrum, one of the complts named in the preceding Bill of Complaint, personally appeared before me a Magistrate for the county aforesaid and made Oath, to the truth of the Allegations there in contained, according to Law. Given under my hand this 17th day of August 1821. William Price To the Clerk of Henrico County - The ne exeat republica against Phillip Shute, is awarded according to the provisions of the Gen. of the Council Assembly in such case provided executed by the complts. must be $ 700, and that to be executed by the Deft. Phillip Shute upon the service of the Writ, must be also $ 700 - Each to be conditioned according to law. August 17th 1821. William Price / Ben Sheppard } Justices of the peace for Henrico County The answer of James Nunn, to the Bill of Complaint of Thomas Martin & others exhibited by way of ne exeat, against himself and others, in the County Court of Henrico. This Respondent now and at all times hereafter saving and reserving to himself all advantage of exception to the said Bill of complaint, for answer thereto or unto so much thereof as he is advised is material for him to make answer unto, he answereth and saith - That true it is, he purchased of Mrs. Mary Clements Relict of William Clements of the County of King William, her life Estate, in and to the negro girl Slave named Siller, in the Bill mentioned, paid the consideration, and received from her, on the 4th day of September 1820, a Bill of Sale from the said Mary Clements, with a general warrantee of the Title to said Slave : the said Slave being held by her for life only, and as apart of her Dower, in the Estate of her aforesd. Husband William and to which said Bill of Sale, your Respondent refers, and prays that the same may be taken and considered as apart of this his answer. This Respondent being thus seized and possessed of alife Estate in the said Slave, loaned her, to the Deft. Elizabeth Cottrell, as a nurse, subject to be recalled at his Will and pleasure, and admits that after the Death of Mrs. Mary Clements, the revertionary right will go, and descend as charges in the Bill of Complaint. That the Slave above alluded to, he believes is the same, that is now in the possession of Phillip Shute, of West Tennesee, now within the Jurisdiction of this Court : - But now, by what means, or terms the said Shute became possessed of the said Slave, this Respondent is yet to learn, as she was removed from the county of King William, without the knowledge, privity or consent of this Respondent, and as he hath understood, and been informed, the Defts Thomas Cottrell and Elizabeth his Wife, have given out in speeches, that the said Slave Siller had ran away, and drowned herself - This Deft. denies, that he has in any manner parted from his right in the said Slave, except the temporary loan as aforesaid to the Wife of the said Thomas Cottrell, and which he hereby recalls, and annulls, as he hath the right to do. He therefore prays restitution of his said Slave, and that he may be hence dismissed, with his reasonable Costs, so unjustly sustained, and denying all fraud, combination Vc without that, that Vc City of Richmond to wit, This day James Nunn above named, personally appeared before me Samuel M. Craw Senr. Alderman for said city, and made Oath, to the truth of the foregoing answer indue form. Given under my hand this 19th day of Augt. 1821. Saml M. Craw Senr. Alderman Know all men by these presents that we Philip Shute and William Fulcher - are held and firmly bound unto Thomas Martin & Ann his wife late Ann Clements, Peter Laundrum and Mary his wife Late Mary Clements, Young J. Clements, Alkanah Clements & Catharine Clements in the sum of seven hundred dollars of Lawful money of Virginia, to be paid to the said Thomas Martin & Ann his wife Late Ann Clements, Peter Laundrum and Mary his wife Late Mary Clements, Young J. Clements, Alkanah Clements & Catharine Clements, their Certain allowency, their heirs, executors, administrators or assigns for the true payment whereof we bind ourselves Jointly and severally, our Joint and several, heirs, executors, and administrators, firmly by these presents, sealed with our seals and dated this twentieth day of August in the year 1821. The Condition of the above Obligation is such, that whereas the above named Thomas Martin & Ann his wife late Ann Clements, Peter Laundrum and Mary his wife Late Mary Clements, Young J. Clements, Alkanah clements & Catharine Clements hath obtained from William Price and Benjamin Sheppard two Justices of the peace for the County of Henrico, the commonwealth writ of ne exeat republica, to the Sheriff of Henrico County directed, commanding him that without delay, he cause the said Phillip Shute to come before him and give sufficient bail or security, in the sum of Seven hundred dollars that he would not go, or attempt to go, out of the limits of this Commonwealth without the lease of the said Court of Henrico County or performing such decree as may be made by the said Court, in such a suit instituted therein by the said Thomas Martin and Ann his wife late Ann clements, Peter Laundrum & Mary his wife Late Mary Clements, Young J. Clements, Alkanah Clements & Catharine Clements, against the said Philip Shute & others which writ hath been duly executed by Reuben Tankersley Deputy for William Mayo Sheriff of the said County of Henrico on the body of of the said Philip Shute who thereupon tendered the above bond William Fulcher as security, in compliance with the requisition of the said writ, Now, if the said Philip Shute shall not go, or attempt to go, out of the limits of this Commonwealth, without the leave of the aforesaid Court, or performing such decree as may be made in the suit instituted in the said Court by the said Thomas Martin and Ann his Wife late Ann Clements, Peter Laundrum & Mary his wife late Mary Clements, Young J. Clements, Alkanah Clements & Catharine Clements, against the said Philip Shute, then the above obligation to be void otherwise to remain in full force. Philip Shute (seal) Wm Fulcher (Seal) Signed, sealed and delivered Reuben Tankersley The commonwealth of Virginia, to the Sheriff of Henrico County, Greetings : Whereas it as represented to two members of the Court of the County of Henrico, Vizt: William Price and Benjamin Sheppard two Justices of the peace in said County on the part of Thomas Martin and Ann his wife, late Ann Clements, Peter Laundrum and Mary his wife, late Mary Clements, Young J. Clements, Elkanah Clements and Catharine Clements, in a suit instituted by them against Philip Shute, and Thomas Cottrell and Elizabeth Cottrell his wife, and James Nunn, defendants, that the said Philip Shute designs quickly to leave this Commonwealth, as by oath in that behalf appears, which lends to the great prejudice and damage of the said plaintiffs. Therefore, in order to prevent this injustice, you are hereby commanded that you do, without delay, cause the said Philip Shute to come before you, and give sufficient bail or security in the Sum of Seven hundred dollars, that he will not go, or attempt to go, out of the limits of this Commonwealth, without the leave of our said Court, or, performing such decree as may be made in the suit aforesaid, and in case the said Philip Shute shall refuse to give such bail or security, then you are to commit him to the Jail of your county, there to be kept in safe custody, until he shall do so of his own accord : And when you have taken such security, you are forthwith to make and return a certificate thereof to the Justice of our said Court, distinctly and plainly, under your seal, together with this writ. Winess Izard Bacon Whitlocke Clerk of our said Court this 20" day of August 1821, in the 46" year of the Commonwealth. IB Whitlocke Martin & wife & Laundrum Vc vs } Bill in Chancery Shute & others 1821 August 20". Bill filed, bond tendered and received, and Writ of ne exeat republica issued agt. deft. Philip Shute September Rules. Answer of James Nunn filed Octr, Nov & Decr Cont 1822 January 7" dismissed I do hereby certify that I Executed this prosess on Philip Shute this twentieth day of August 1821 and took a bail bond from him with William Fulcher security which bond is herewith returned as Witness my hand and Seal this 3d day of September 1821. Reuben Tankersley D.S. for Wm. Mayo (Seal) Martin & wife & Laundrum & wife Vc vs } Writ of ne exeat Philip Shute M Craw Landrum Vc vs } Answer of Philip Shute & others James Nunn filed September Rules 1821 Actual Images of Chancery Court Case: http://www.cottrellweb.com/documents/martin-shute1.jpg http://www.cottrellweb.com/documents/martin-shute2.jpg http://www.cottrellweb.com/documents/martin-shute3.jpg http://www.cottrellweb.com/documents/martin-shute4.jpg http://www.cottrellweb.com/documents/martin-shute5.jpg http://www.cottrellweb.com/documents/martin-shute6.jpg http://www.cottrellweb.com/documents/martin-shute7.jpg http://www.cottrellweb.com/documents/martin-shute8.jpg http://www.cottrellweb.com/documents/martin-shute9.jpg http://www.cottrellweb.com/documents/martin-shute10.jpg Transcription and Images by Richard Cottrell Additional Comments: There were no page numbers assigned to this Chancery Court Case papers File at: http://files.usgwarchives.net/va/henrico/court/shutephi384gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 14.6 Kb